Tips for Preparing Advertising Campaigns - Legal Compliance
By Jamie Nettleton, Partner
21 December 2009
In preparing advertising campaigns for market, often what seems like a good idea for an advertising campaign may be a breach of the Trade Practices Act 1974 (Cth) (the "Act"). Knowing when to recognise potential trade practices issues is the first step in avoiding breaches of the Act.
Substantial penalties, including significant fines, exist for both companies and employees who act in breach of the Act.
Some basic tips for preparing Advertising Campaigns
- Prices: Ensure that all prices are stated clearly and display the full cash price including GST and any other charges payable by the consumer. Ensure that prices are genuine and available;
- Comparative Advertising: Ensure that any comparisons between products or services are with like products of similar standard and quality, i.e. compare "apples" with "apples" - not "apples" with "oranges";
- Disclaimers and exclusions: If using a disclaimer (or fine print), ensure that it does not override or contradict the key message. Ensure all disclaimers are specific, clear and highly visible;
- Bait Advertising: Ensure that the offer you are advertising is readily available for the duration of the promotion and any qualifications to the offer are clearly spelled out;
- Third party brands/trade marks/imagery: Ensure that you have permission in writing from the rightful owner if using any third party brands, trade marks or imagery;
- Silence: Silence can be misleading. Omitting key information about a product or service can be misleading. Ensure that all key information is conveyed in the messaging.